Melrose father sentenced to 5 years for baby assault

Friday

Jul 20, 2012 at 12:01 AMJul 20, 2012 at 8:22 PM

A Melrose man received a five-year prison sentence for assaulting his infant son, one year to the day after he committed the crime. Carlos Edwards, 35, threw his son onto a sidewalk in Malden last summer following an argument with the baby’s mother. His son was 7 weeks old at the time of the incident.

Nathan Lamb/ nlamb@wickedlocal.com

A Melrose man received a five-year prison sentence for assaulting his infant son, one year to the day after he committed the crime.

Carlos Edwards, 35, was convicted of throwing his son onto a sidewalk in Malden last summer following an argument with the baby’s mother. His son was 7 weeks old at the time of the incident.

During the sentencing hearing on Friday, July 20, Judge Diane Kottmyer said Edwards was fortunate his son survived and did not sustain permanent injuries. She cited the victim’s age and helplessness as “aggravating factors” that put this case outside of normal sentencing guidelines.

“In this case, the guidelines do not reflect the seriousness of the offense,” said Kottmyer.

A jury at Middlesex Superior Court on Wednesday, July 18 found Edwards guilty of three charges: assault and battery with a dangerous weapon on a child under 14, assault and battery on a child resulting in bodily injury and reckless endangerment of a child.

Kottmyer sentenced Edwards to the five-year sentence for assault and battery with a dangerous weapon. For the other two charges, he received three years probation from and after his prison sentence, and must complete domestic abuse counseling.

Edwards was arrested on July 20, 2011, shortly after police responded to a medical call at 197 Cross St. in Malden.

According to a release from District Attorney Gerry Leone, police found 7-week-old Carmello Sears “evidencing obvious signs of trauma.” The baby was soon diagnosed with traumatic head injuries and was hospitalized for six days.

The mother, Crystal Sears, told police that Edwards threw the child after a heated exchange. According to testimony provided last summer by Malden Police Detective Trent Hadley, she said the assault happened as Edwards started to leave with his son.

“She said ‘you can’t take the child, you don’t have a car seat,” said Hadley, adding “He abruptly threw the child.”

Speaking last July, Hadley said the injuries included a severe skull fracture, bleeding inside the skull and substantial hematoma, adding that Sears had to be put on a ventilator at one point.

At the sentencing, Assistant District Attorney Katelyn Draper said Sears’ prognosis was “good” at this point, but added “we don’t know what the long-term effects will be.”

Draper requested a prison sentence of five to seven years with another five years probation, citing the victim’s age, the “cruelty” of the crime and the victim’s relationship to the attacker.

Defense attorney Cheryl McGillivray countered with a request of one-year imprisonment, repeating Edwards’ defense that he was attempting to return his son to his mother and the baby fell.

“I cannot overstate the remorse this man feels,” she said. “…He fully intended for her to take the baby from him.”

McGillivray added that her client was upset about the parenting that Sears was providing their son. Edwards, who is married to another woman, had discussed taking custody of the baby, she said.

A release announcing the verdict from Middlesex District Attorney Gerry Leone described the incident as “extremely troubling.”

“Children are our most vulnerable victims and we will prosecute any offender who commits crimes against children, especially where that offender is supposed to care and protect the victim,” Leone said in the release.